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High Court of Andhra Pradesh · body

2025 DAILYLAW 51226 (AP)

Jaya Spun Pipes, v. The State of Andhra Pradesh,

WP/7403/2020 · 2025-04-23

Subba Reddy Satti

body2025

Judgment text

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APHC010118562020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7403/2020 Between: Jaya Spun Pipes, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V S K RAMA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING (AP) 2. MALLIPUDI DHANA RAJU SC for APIDC Ltd. The Court made the following: ORDER The above writ petition is filed to declare the action of the respondents in proposing to recover labour cess from the work bills of the petitioner company as per the orders of respondent No.1 in U.O. note No.48022/238/FMU-WR.II/2017 dated 29.06.2017 in respect of work relating to ‘Construction and Commissioning of Potharlanka Lift Irrigation Scheme on Krishna West Bank Canal in Kolluru Mandal, Guntur, on a turnkey basis including operation of the scheme for two years as per agreement No.129/2015-16 dated 17.02.2016, as illegal and arbitrary. 2. Heard Sri V.S.K. Rama Rao, learned counsel for the petitioner and Sri M. Dhanaraj, learned standing counsel for respondents 2 to 4. SRS,J W.P.No.7403 of 2020 3. An Interim order for was passed on 17.03.2020 directing the respondents not to effect recovery of 1% labour cess in respect of works entrusted to the petitioner under Agreement No.129/2015-16 dated 17.02.2016. 4. At the hearing, learned counsel for the petitioner as well as learned standing counsel submitted that the issue involved in this writ petition is squarely covered by the common order dated 20.09.2023 in W.P.No.16156 of 2020 and batch, wherein learned Single Judge, disposed of the batch of writ petitions with the following directions: a. The respondents shall verify the bills of the petitioners, and if the corresponding amount is included in the estimates, the respondents can deduct the amount as prescribed at the rate of 1% towards Labour Cess. b. Upon verification, if the respondents find that the corresponding amount is not included in the estimates, the respondent shall not take steps to deduct the amount/recover the amount of the petitioners towards the Labour Cess. 5. The issue in the case at hand is squarely covered by the common order referred to above. 6. Given the facts and circumstances of the case, this writ petition is disposed of in terms of the common order dated 20.09.2023 in W.P.No.16156 of 2020 and batch. No costs. Registry is directed to annex the copy of the common order dated 20.09.2023 in W.P.No.16156 of 2020 and batch to this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.04.2025 IKN SRS,J W.P.No.7403 of 2020 97 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7403 of 2020 Date: 24.04.2025 IKN